European perspectives. 2020. №2

In the article basic directions of organization and activity of militia are investigational in Ukraine in 1936. It shows how the role of law enforcement agencies was defined in the Constitution of the USSR in 1936, how such a new militia unit as the State Automobile Inspectorate was created and what its fi rst steps were.A question opens up about changes in training of personnels for a militia, in particular opening of two year schools of militia, their task and level of preparation are described. Certain attention is spared to research of influence of new «Statute about passing of service management staff of militia», introduction of the special ranks on regulation of offi cial legal relationships in a militia. Some aspects of activity of militia are exposed in relation to counteraction to criminality, certain achievements and lacks of this her work assignment are analysed.

The article analyzes the positive legal experience in the administration of justice in the member states of the Council of Europe and Ukraine in the context of the COVID-19 pandemic.
Today’s challenges caused by the pandemic are characterized by the highest prevalence of infectious diseases in many countries around the world, so restrictive measures are introduced that do not allow the full implementation of the justice system. In the national systems analyzed in the article (Austria, Bulgaria, Bosnia and Herzegovina, Armenia, Poland), special rules were introduced to meet the need for social distance, while providing a minimum level of justice. This applies in particular to proceedings involving children, guardianship, domestic violence and detention. An e-court system is a means of optimally addressing the rule of law and due process during a pandemic. Once a normal, partially or completely normal trial has resumed, the judiciary will have to take steps to ensure that the accumulated backlogs are resolved, in compliance with all procedural guarantees.

Current issues of implementation of the International Criminal Court Statute provisions on war crimes in the legislation of some member states of the Rome Statute are examined in the article. It is argued that the signing and ratification of the Rome Statute imposes an obligation on the acceding states to bring their national legislation and law enforcement practices into line with the provisions of the Statute. Thus, member-states shell enshrine in law the principle of complementarity of the Court jurisdiction in relation to the jurisdiction of national courts and the principle of the inadmissibility of a reference to a person’s official position in order to release him or her from liability. It is stated that the parameters of perception of the Rome Statute provisions on punishments for war crimes are determined by the state itself in its domestic legislation, taking into account the type of its legal system, constitutional provisions and international legal obligations of the state.

Modern administrative justice is aims at a fair, impartial and well – timed consideration and resolution of administrative cases with intended on effective protection of the violated, unrecognized or contested rights, freedoms or interests of individuals, rights and interests of legal entity, interests of the state. The use of special psychological knowledge or «special knowledge» in certain categories of administrative proceedings in the form of involvement of a consultant – psychologist and / or the appointment of forensic psychological examination will effectively contribute in general to solving the problems of administrative justice, outlined above and rstablished in Article 2 of the Code of Administrative Procedural of Ukraine.

The article deals with the issues of administrative and legal support of public relations that arise in the activities of law enforcement agencies, as well as their main features. By analyzing scientific views, the author defines the concepts of “law enforcement activities” and “administrative and legal relations” (in relation to the Institute of Public Relations, discussed in this article). In accordance with the main topic of this article, the characteristic features of both law enforcement and administrative and legal relations in the activities of law enforcement agencies were identified.
Suggestions have been made regarding the improvement of some procedures for the professional activity of law enforcement subjects. Emphasis is placed on the importance of modern administrative and legal support for their day-to-day activities in the performance of law enforcement tasks and functions. It is proposed to amend the relevant legislation in order to increase the efficiency of law enforcement activities and improve the motivationally-encouraged forms of their professional activity.

The article is devoted to the definition of the object of the offense in the form of failure to comply with the legal requirements of tax officials. It is noted that the current administrative legislation, in addition to defining the concept of an administrative offense (Article 9 of the Code of Administrative Offenses), does not distinguish objective signs of an administrative offense. However, from the defi nition of the concept of an administrative offense, we can conclude that the mandatory signs of an administrative offense are: unlawful action or inaction (a sign that characterizes the objective side), encroaching on public order, property, rights and freedoms of citizens, on the established management order (sign that characterizes the object offenses).
The object of an administrative offense is defi ned by public relations established by the norms of the administrative and other branches of legislation, to which an administrative offense is caused or may be damaged. The general object of an administrative offense under Article 1633 Code of Administrative Offenses are public relations in the fi eld of public order, property, rights and freedoms of citizens, the established management procedure.
The object of the offense under Article 1633 Code of Administrative Offenses are public relations of public administration in the field of fi nance and business.
The direct object of an administrative offense under 1633 Code of Administrative Offenses are public relations established by the norms of administrative and tax legislation between officials of the state tax service and officials of enterprises, institutions, organizations, including the institutions of the National Bank of Ukraine, commercial banks and other financial and credit institutions regarding the information specified in paragraph. 20.1. Tax Code of Ukraine. An additional object of the investigated administrative misconduct may be public relations in the fi eld of taxation.
Key words: corpus delicti, object, failure to comply with the law, requirement, official, tax authorities.

The purpose of writing a scientific article is to study the legal basis for the implementation of the “Green Room” methodology in Ukraine and to suggest ways to solve the problem of legal settlement of its use by law enforcement agencies.
In accordance with international standards Ukraine shall take the necessary legislative or other measures to ensure that: a) interviews with the child take place without unjustified delay after the facts have been reported to the competent authorities; b) interviews with the child take place, where necessary, in premises designed or adapted for this purpose; c) interviews with the child are carried out by professionals trained for this purpose; d) the same persons, if possible and where appropriate, conduct all interviews with the child; e) the number of interviews is as limited as possible and in so far as strictly necessary for the purpose of criminal proceedings; f) the child may be accompanied by his or her legal representative or, where appropriate, an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.
Ukraine shall take the necessary legislative or other measures to ensure that all interviews with the victim or, where appropriate, those with a child witness, may be videotaped and that these videotaped interviews may be accepted as evidence during the court proceedings, according to the rules provided by its internal law.
This is exactly what characterizes the basic principles of the “Green Room” method, which is not currently introduced in Ukraine at the legislative, mandatory level.
The author emphasizes the absence of a legal act that would regulate the use of the “Green Room” in Ukraine. It is proposed to develop and adopt the Order of the Ministry of Internal Affairs of Ukraine “On approval of the Instruction on the application of the Green Room methodology in the National Police of Ukraine”.
In our opinion, the proposed Instruction should contain eight sections: General provisions; Basic principles of application of the method “Green Room”; The main areas of application of the method “Green Room”; Organization of police work during the application of the “Green Room” method; General conditions of the survey according to the method of “Green Room”; Stages of the survey according to the method of “Green Room”; Using the results of the survey by the method of “Green Room”; Registration of survey results by the method of “Green Room».

An analysis of the features and characteristics of the the plaintiff’s exercise of the right and duty in the administrative process was carried out. The regulatory framework of the current legislation is examined during the study of this topic. Theoretical problems and disagreements of scientists with existing laws regarding the plaintiff’s exercise of the right were investigated.
After investigation, it was revealed that new provisions for the relationship between entities and objects judicial administrative proceedings in cases their legal status, the exercise of their rights and interests, appeals against court decisions, and Enforcement of execution documents. They are specified in the Code of Administrative Justice of Ukraine and it’s necessary to interpret and explain, determine the nature and features of enforcement in administrative proceedings.
The question of the manner in which the parties of the administrative process, in particular the plaintiff, exercised their rights and obligations was not suffi ciently examined in the administrative process. So the aim of the study was to establish a comprehensive approach to the question of the plaintiff’s exercise of the right and duty in the administrative process, as well as to the questions of representation.
It is known that the legal relationship between the representative and the representative always precedes the legal relationship between

The article examines problems of legislative regulation of administrative-tort relations in Ukraine, reveals legal shortcomings and conflicts of legal regulation of administrative liability. Terms of imposition of administrative penalties for specifi c administrative offenses are characterized.

The article is dedicated to analysis of the general and specific measures of prevention of violent crimes. It’s stressed that the prevention of violent crimes as a complex system public reaction on this type of crime can acting in several interrelated aspects: as a means of social control of the most significant public relations in the law enforcement sphere; the complex of legal, educational, special- ly-criminological means; the system of various levels of prevention and suppression of violent crime, which conducted by different subjects.
The notion of these measures is formulated and their specifi city is considered. Thus, the general social preventive measures – is an aggregate of economic, political, ideological, organizational and other measures. Systematic and specific of measures on the general social level for violent crime associated with the complex study of such groups of the problems as the improvement of ideological and educational work among the population, reduction of social contradictions, the minimization of criminal confrontation of different groups of the population, increase of social life standards that contributes to building a solid foundatio n for the normal functioning of all social spheres, education and control of children and young people, recovery the moral climate in society, the introduction of high moral values, etc.
But specially-criminological prevention of violent crimes is aimed at the revelation and elimination or weakening of the factors that determine criminality in general, separate species and groups of crimes, the causes and conditions of spe- cifi c crimes. The most optimal measures are: intervention in crisis situations; decrease the feasibility of the violent crimes commission; educational and information work among the population; community involvement in the prevention of violent crimes; assistance to victims of these crimes, etc.
The sphere of the integration measures is defi ned and also given proposals for improving separate directions of operational activity of internal affairs agencies.

For most European countries, the means, which are similar to the native investigative actions in the course of the criminal case, have become usual. According to the official data in some European countries (such as Great Britain, Germany, France, The Netherlands, Denmark, Switzerland, etc.) at the end of 80s – the beginning of the 90s of the XIX century the Criminal Law were foreseen new, as they were called “special” investigative actions.
Monitoring of the bank accounts as unspoken investigative action was implemented in our law in order to provide for the international obligations of Ukraine in the fight with money laundry and terrorism financial support, and also for giving the National Anticorruption Bureau of Ukraine the opportunity to effectively fight with the corruption of the high level authorities.
The intergovernmental authority that develops and implements actions and standards on the international level as for the money laundry is Financial Action Task Force on Money Laundering (FATFML). This authority actively cooperates with many international organizations, which are targeting to combat “dirty” money laundry.
Financial Action Task Force on Money Laundering recommends that the countries should provide the appropriate authorities on site have the capability of taking a wide spectrum of investigational actions in the money laundry investigations, connected crimes and financing the terrorism. These are the following investigational techniques: secret operations, connection interception, access to the computer systems and controlled supplies.
In Ukraine such authority is the State Financial Monitoring Service. This Service , as a financial intelligence of Ukraine, takes the intensified measures of the practical nature when fighting the incomes laundry, which were gained in a criminal way, terrorism financing and financing of the mass destruction weapon
Bank accounts monitoring means that according to the Criminal Code of Ukraine, the National Anticorruption Bureau of Ukraine’s detective by the decision of the investigating judge gains the current information from bank as for the transactions on one or many accounts in order to place the criminal actions with the help of a particular bank account in the bank on the territory of Ukraine; or to look for or identify the property which is to be confiscated. According to the Criminal Code of Ukraine bank accounts monitoring is only possible during the criminal investigations of the felony or extremely serious crime, which are under the National Anticorruption Bureau of Ukraine jurisdiction.

The article identifies the place and role of automated information retrieval systems as a nonprocedural form of using special knowledge in the investigation of corruption crimes. It is noted that in practice their use is associated primarily with the need to obtain indicative information in the proceedings of this category, which greatly expands the practical capabilities of the investigator in understanding the phenomena and processes that are characteristic of corruption, taking into account the specifics of the latter. Attention is drawn to the procedural shortcomings in the lack of legal grounds for using this credentials as independent sources of evidence, which signifi cantly reduces the number of appeals to forensic credentials, thereby hindering the timely investigation and detection of crimes, leading to a number of problems, including and in the absence of comparative material used to replenish databases. The necessity of making amendments to the CPC of Ukraine to eliminate these errors is substantiated. The current state of artifi cial intelligence technologies, its concepts and main directions of development are considered. It is noted that the provision of criminal justice with the latest artifi cial intelligence systems has many advantages, which are manifested primarily in the ability to process and analyze huge data sets in the shortest possible time, which becomes essential in terms of overcrowding of investigators who for objective reasons can not pay suffi cient attention to the implementation of thorough analytical work, which may take longer than would be possible in the investigation of criminal proceedings. In view of the above, it is proposed to create and implement in law enforcement an automated consulting and analytical system conditionally called “Combating Corruption Crime”, which can serve as an additional methodological resource that will provide forensic information support of corruption crimes and compensate for the lack of practical experience who carry out criminal proceedings against this category of crimes.

The article is devoted to determining the methodological bases of research of international standards of proof in criminal process.
Based on the analysis of scientific works of domestic and foreign scientists, the concept of methodology is defined as the doctrine of the content, cognitive possibilities and system of approaches, methods, principles, methods and means of scien- tifi c cognition.
The structure of methodology of research of international standards of proof in criminal process is revealed. It consists of: general philosophical and ideological approaches (dialectical and systemic, which are the basis of its research, and others: genetic, synergetic, anthropological, axiological, hermeneutical, functional and instrumental, activity approach, civilizational); general principles of scientific cognition (methodological pluralism, unity of historical and logical, combination of theory and history); methods of scientifi c cognition: general scientifi c methods (logical, historical, system and structural, structural and functional); and spe- cifi cally scientifi c methods (formal and legal, comparative and legal, sociological and legal methods, methods of theoretical and legal modelling, and of theoretical and legal prognostication). Each of these structural elements of the methodology is characterized.
The concept of methodics is defi ned and its sig- nifi cance in the research of international standards of proof is revealed.

The mechanism of development and regulatory consolidation of the strategy for combating crime and criminological tactics stipulates information provision as a necessary component of the whole work. Outlining the key problems of information provision, as a subsystem of crime counteraction, makes it possible to conclude that the system under research in Ukraine is currently in its formation stage. Its criminological provision is characterized by such leading areas of improvement as: 1) criminological monitoring; 2) improvement of the entire mechanism of criminological activity through modeling of legal development, examination of bills, legal experiments that meet the requirements of time and modern tasks of reforming the agencies of criminal justice according to the best standards of world theory and practice; 3) legal enforcement and supervision over rule of law; 4) policy in the field of staffing; 5) legal nurturing and legal education; 6) analytical support.
Information is necessary at all stages: starting from the formulation of the problem to the evaluation of the results of criminological activity. On this basis, it can be considered that the process of forming the basic principles of the organization and implementation of combating crime should begin with the system of measures aimed at obtaining information on the various spheres of public life relevant to the said system. The study and analysis of the received information should facilitate in creating a real picture of criminological practice and post-criminal prevention of the state. The collected materials should be systematized. Once analyzed, they can be used as the basis for the next stages of strategy and tactics’ formation. The issues of collecting information in regard to public relations related to combating crime, its study and systematization at the state level in our country,are in the scope of interest of the relevant departments of the prosecutor’s office of Ukraine, the Ministry of Internal Affairs of Ukraine, other law enforcement agencies, the Ministry of Justice of Ukraine and the State Statistics Committee of Ukraine. In order for the information to be more complete and objective, it is necessary to involve non-governmental organizations for cooperation or to use their opportunities. Obtaining information related to the process of information provision for combating crime can also be accomplished through the systematization and study of historical materials, scientific literature, normative acts, existing leading law enforcement practices.

The article develops and proposes victimprevention measures for acts of violence and violence aimed at protecting potential and actual victims.
In the context of a sharp deterioration of the criminal situation, it is necessary to develop an effective state program for combating crime with the inclusion of sufficient, sometimes nonstandard, preventive measures in it, which requires the improvement of the professional level of law enforcement officials. In connection with this, on the basis of the results of the analysis of foreign experience and many years of domestic practice, a draft program for the prevention of selfish and violent crimes was developed, the priorities of the units of the National police (criminal and patrol police, police protection) were determined based on the strategy of crime prevention, taking into account operational capabilities and analysis of the operational situation in the service area. A methodology for identifying potential victims (already used by the National Police Preventive Action Units) is proposed, which includes programs (algorithms) for actions aimed at identifying persons liable to commit acts of self-violence and their relationships, as well as persons (their groups) with increased level of victimization.
Individual victim victim prevention, which is to identify persons with increased victimization and to take protective and educational measures aimed at reducing the risk of becoming a victim of criminal offenses, should play an important role in preventing selfish and violent crimes. Individual victim prevention has the potential to prevent self-inflicted acts of violence and, together with the implementation of the aforementioned measures, through the development and implementation of specific recommendations for identifying potential victims, predicting their victim behavior and reducing potential victimization, is an effective tool for preventing victimization.
In view of this, two interrelated programs have been proposed and for the purpose of individual prevention of acts of violence and violence: a program for identifying persons with high levels of victimization; a program to correct the victimization of individual citizens.

The article examines the essential features of law enforcement as an object of criminal law protection. It is noted that the legislation is not always “in time” for the reformation processes in the state. Sometimes situations arise in which the activities of law enforcement agencies are not fully protected from external threats. This is due to a number of factors, among which individual is the non-inclu- sion of a body in the list of law enforcement agencies, and are not provided for by the regulatory requirements of the legislation on criminal liability of a body as an object of criminal law protection.
On the example of the State Bureau of Investigation, the directions of improving the current legislation are considered and guidelines for further scientifi c research are developed.
The doctrinal position is supported that law enforcement activities should consider the activities to protect the law, which are carried out by specially authorized bodies according to the procedure established by law and consist in the consideration of legally signifi cant cases, the identifi cation of offenses and the prosecution of those responsible for their commission, and, in some cases, in applying coercive measures to offenders regulated by law, as well as in representing and protecting the rights and legitimate interests of individuals and legal entities idic persons.
The opinion that the activities of the relevant private law enforcement agencies should be attributed to law enforcement is grounded. It is noted that the relevant legislative support for protection requires the activities of both state bodies and the non-state sector.

The article, based on literature review for philosophy, philosophy of law, theory of law, criminal, criminal procedure law, theory of evidence, and experience in conducting research formulated the system of the provisions on the methodology of the research of proving circumstances that are founding for application to the legal entities.
Proposed and disclosed the contents of the stages of research. Reviewed the features of use the methods for the study: search and bibliographic, sociological, system-structural, modeling, statistical generalization, observation, analysis, synthesis, abstraction, formal logical, comparative law, experiment.
The question of whether scholar is obliged to use only defned structure of methods is discussed in philosophical legal literature. That is why necessity to decide what state of liberty in forming its own methodological structure has the researcher Optimal approaches in the choice of methodological tools of the organization and implementation of the process of scientific knowledge are formulated. As the result of scientifc research the next conclusions are made. First of all set of certain methods are mainly defined by the subject of the research.
While choosing research methods, first and foremost, the specifi cs of object of research have been taken into account. The set tasks have been completed on the basis of general philosophical, sci- entifi c and special methods. The abovementioned methods of scientific research have been used in conjunction consequently contributed to comprehensive analysis, grounding of theoretical conclusions and practical recommendations concerning

The study of the method of committing a crime is important in the investigation of criminal offenses. No wonder in the general theory of criminology, the method of committing a crime has long been studied very carefully. After all, this element of the mechanism of the crime in the structure of any forensic characterization occupies an important place. The investigation of hooliganism committed in public places is no exception. Because the variety of ways to commit this criminal offense makes it possible to distinguish certain correlations between them and other elements of forensic characteristics: the identity of the offender, the trace, the circumstances of the commission, and so on.
The method of committing crimes in criminology has always been the subject of detailed attention of scientists, as it acts as a kind of “key” to the detection of crimes, reflects the characteristics of the individual, is a defining element in the development of certain methods and in some cases allows differentiation of crimes. new tasks before criminology, etc.
The article emphasizes that the method of committing a crime is one of the main elements of forensic characterization. Establishing the method of robbery of collectors helps to find out what happened at the scene and to plan a number of measures to investigate the criminal offense. Based on the accepted understanding in criminology of the method of committing a crime, the methods of robbery of collectors as a system of actions for their preparation, commission and concealment are revealed. It is noted that the robbery of collectors is preceded by careful preparation.
Robbery attacks on collectors are preceded by careful preparation, which includes: preliminary determination of the object of criminal encroachment, study of the crime scene, finding out the route of the collection vehicle, collection regime, collectors, security guards, drivers, their ability to resist, determination of the approximate amount of money, development of the plan of attack, selection of participants and distribution of roles, carrying out training and detailed working off of the actions on a scene, preparation of the necessary weapon, vehicles, ro making techniques and methods of masking the appearance of accomplices (for example, the use of masks), tactics of behavior in case of detention.

In the article, based on the analysis of theoretical developments in criminal law and current provisions of Section IV of the Special Part of the Criminal Code of Ukraine, an attempt is made to analyze the age of sexual consent and problematic issues of voluntary sexual relations between minors. In particular, the article notes that due to the almost simultaneous implementation in the criminal legislation of Ukraine of legal norms, two incompletely agreed Conventions, that the legislator does not regulate voluntary sexual relations between minors. In enshrining the provisions on criminal liability for voluntary sexual intercourse exclusively of adults, the legislator, by amending Articles 155 and 156, also made a mistake that causes difficulties in regulating sexual relations between minors aged 14-18. Thus, natural or unnatural sexual intercourse between minors between the ages of 14 and 18 will not be considered a crime, while any sexual acts not related to sexual penetration into the body of such a person will be classifi ed as a crime under Art. 156 of the Criminal Code of Ukraine. The necessity of making changes to Art. 156 of the Criminal Code of Ukraine by analogy with Art. 155 of the Criminal Code of Ukraine.
In an attempt to resolve the issue of the settlement of voluntary sexual relations between minors, the criminal legislation of some countries was analyzed, which is aimed at the settlement of such relations both between minors and between minors and adults. It is emphasized that foreign legislators try to minimize interference in the voluntary sexual relations of minors by enshrining in criminal law age or other factors that allow such relations between minors and between minors and adults under a certain age. Emphasis is also placed on the norms that can be implemented in the criminal legislation of Ukraine after their additional study.
Conclusions were also made on the impossibility of unambiguously determining the age of sexual consent, as well as conclusions on the need for a comprehensive study of the issue of voluntary sexual relations between minors.

Realization of the right of freedom of outlook and religion in the civil law of Ukraine
The article is devoted to the research of the realization of personal non-property right of freedom of outlook and religion in Ukraine. This article defines the concept of a general realization of freedom of outlook and religion. The basic tendencies of realization and general principles of freedom of outlook and religion are exposed. It is stated how particularly personal nonproperty rights are realized and how exactly the individual is empowered to exercise his/her right of freedom of outlook and religion.
Every person from birth is endowed with personal non-proprietary rights that he or she can use at any time in his or her life. One of these rights is freedom of worldview and religion, which has become relevant in today’s independent Ukraine.
As a general rule, the exercise of rights is understood as the realization of those opportunities which were provided by law or contract to the owner of the subjective right. At the moment, the question arises as to the exercise of freedom of thought and religion in Ukraine.
Based on the current general patterns of development of the institute of fundamental rights, there are reasons to speak about several basic trends in the exercise of the right to freedom of religion: a) multiple beliefs; b) demonopolizing of the role of traditional religions; c) the deethnization of faith.
This is clearly observed in the processes of the spread of non-traditional religions, the number of adherents of which is increasing among representatives of different ethnic groups, among residents of different continents, and Ukraine is no exception in this regard.
The right of having a freedom of thought and religion in civil law is exercised like other civil personal non-property rights.
The exercise of the subjective personal non-propri- etary right to freedom of expression and religion is that its carrier may: use it at its discretion without the application of any additional legal acts; demand from other persons the termination of actions aimed at limiting his personal non-property rights; have freedom of conduct, act within the limits established by law; to apply to the competent state bodies for the protection of his violated personal right, also the person possesses this right from birth, can use it in full from a certain age.

The publication is devoted to the ecological safety of oil and petroleum products pipeline transportation on the basis of challenges and risks arising from the operation of strategically important branches of the energy sector and provides a legal assessment of unlawful interferences in the operation of oil and gas companies. The principles of emergency situations and the consequences of their impact upon the environment, losses resulting from violation of the linear part integrity and tightness of the oil transportation system are highlighted on the basis of the characteristics and operation conditions of the oil transportation system,. The necessity of simultaneous solution of the issues related to ecological safety and supply reliability of hydrocarbon liquid energy resources at the production and technological, legal levels through the use of optimal pipeline transport has been established. The legal assessment of such emergency situations occurrence of ecological character is given and technological measures to control and localize it are presented.